State v. Roberts

Brandon Roberts appeals from a judgment convicting him of second-degree domestic assault and witness tampering.1 Mr. Roberts asserts that the trial court erred by denying his request to instruct the jury on the lesser-included offense of third-degree domestic assault. He also asserts that the trial court erred by overruling his motion to sever the assault and *901witness tampering charges. The judgment is vacated because the trial court erred by not instructing the jury on the lesser-included offense of third-degree domestic assault.

Facts

In June 2012, Mr. Roberts and his daughter lived with A.A.…